S T A T E O F N E W Y O R K
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7285
2021-2022 Regular Sessions
I N S E N A T E
July 12, 2021
___________
Introduced by Sen. RATH -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the legislative law, in relation to requiring bills
containing an unfunded mandate for a county or municipality to be
referred to the state comptroller for opinion before being certified
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 40 of the legislative law, as amended by chapter
366 of the laws of 1949, is amended to read as follows:
§ 40. Certificate of presiding officer. Upon the passage by either
house of the legislature of a bill, concurrent resolution proposing
amendments to the state constitution, or concurrent resolution proposing
or ratifying amendments to the constitution of the United States, the
presiding or other officer designated by the rules of such house shall
append to such bill or resolution a certificate, to be signed by him,
which shall disclose the date of its passage in such house, and whether
passed by the votes of a majority of all the members elected to such
house or of two-thirds thereof, or of a majority of such members, three-
fifths thereof being present. In addition, if any such bill has been
passed on a message required by the constitution, that fact also shall
be stated, and if the message so specifies, the applicable portion of
the constitution shall be identified. Upon the passage of a bill as to
which a part becomes law immediately and a part requires further action
by the governor, two copies shall be certified as above provided, one of
which, upon final passage by both houses, shall be transmitted to the
governor and the other to the secretary of state. No bills shall be
deemed to have so passed unless certified in the manner provided by this
section, which certificate to such effect shall be conclusive evidence
thereof. NO BILL CONTAINING A MANDATE FOR ANY COUNTY OR MUNICIPALITY IN
THIS STATE THAT DOES NOT INCLUDE A PROVISION OF FUNDING TO SUCH COUNTY
OR MUNICIPALITY BY THE STATE SHALL BE CERTIFIED IN THE MANNER PROVIDED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11778-01-1
S. 7285 2
BY THIS SECTION UNTIL SUCH BILL HAS BEEN DELIVERED TO THE STATE COMP-
TROLLER FOR OPINION, AND SUCH OPINION IS DELIVERED TO BOTH HOUSES OF THE
LEGISLATURE AND TO THE GOVERNOR.
§ 2. This act shall take effect immediately.